CITY OF BUNKER HILL VILLAGE

Mayor Marshall called the regular meeting of the City Council of the City of Bunker Hill Village to order at 5:00 p.m. in the Council Chambers of City Hall, 11977 Memorial Drive, Houston, Texas.

A. DISCUSSION AND POSSIBLE ACTION REGARDING ANNUAL DONATION TO THE VILLAGES INDEPENDENCE FESTIVAL.

Motion was made by Councilmember Schwartz and seconded by Councilmember Belco to approve the fee for services to the Villages Independence Festival in the amount of $1,500.00. Motion carried 4 to 0.

C. REPORT ON CHANGE ORDER #2 TO CALCO CONTRACTING, APPROVED BY COUNCIL AT A SPECIAL MEETING HELD MAY 3, 2007, FOR REPAIRS TO THE INTERSECTION OF MEMORIAL DRIVE/GESSNER ROAD.

Steve Smith reported that an attempt to televise the 24” storm sewer pipe on Gessner Road, south of Memorial, revealed that the line is completely gone, causing extensive damage to the pavement. The change order approved by Council on May 3 authorizes repairs to the storm sewer, concrete the intersection and improve pedestrians and vehicular traffic at the intersection. Mayor Marshall stated that Metro is contributing $482,000 to fund the project.

III. DISCUSSION AND POSSIBLE ACTION REGARDING RESIGNATION FROM JAY SMYRE AS PLANNING AND ZONING COMMISSION MEMBER.

Motion was made by Councilmember Belco and seconded by Councilmember Schwartz to approve the resignation of Jay Smyre as a member of the Planning & Zoning Commission. Motion carried 4 to 0.

IV. DISCUSSION AND POSSIBLE ACTION REGARDING RESIGNATION OF YOLANDA BENITEZ, CITY SECRETARY/DIRECTOR OF FINANCE.

Mayor Marshall and Councilman Ellis thanked the City Secretary for her service to the City of Bunker Hill Village and commended her on a job well done.

Motion was made by Councilman Ellis and seconded by Councilmember Belco to approve Yolanda Benitez’ resignation. Motion carried 4 to 0.

V. DISCUSSION AND POSSIBLE ACTION REGARDING APPOINTMENT FOR A ONE-YEAR UNEXPIRED TERM FOR COUNCILMEMBER, POSITION I, VACATED BY PETER TUTERS.

Motion was made by Councilman Ellis and seconded by Councilman Essary to appoint David Keith Brown to the one year unexpired term for Councilmember, Position 1. Motion carried 4 to 0.

City Attorney John Olson administered the Oath of Office to Mayor Bill Marshall and Mayor Marshall administered the Oaths of Office to: Councilmember, Position 1 – David Keith Brown, Councilmember Position 4 – Derry Essary, and Councilmember Position 5 – Jay Smyre.

Mayor Bill Marshall presented a plaque of appreciation to Michelle Belco and thanked her for her service.

VIII. DISCUSSION AND POSSIBLE ACTION REGARDING ANNUAL APPOINTMENT OF MAYOR PRO TEM.

At the Mayor’s recommendation, motion was made by Councilman Ellis and seconded by Councilmember Belco to appoint Derry Essary as Mayor Pro Tem. Motion carried 5 to 0.

IX. DISCUSSION AND POSSIBLE ACTION REGARDING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, APPOINTING THE CITY PROSECUTOR OF SAID CITY; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.

Motion was made by Councilmember Belco and seconded by Councilmember Schwartz to appoint E. Stanley Topek as Municipal Court Prosecutor. Motion carried 5 to 0.

“ALL MATTERS LISTED UNDER ITEM X, CONSENT AGENDA, ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL NOT BE SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY.”

D. GEOTEST INVOICE NO. 18333, DATED APRIL 29, 2007, IN THE AMOUNT OF $14,060.00 FOR SERVICES PROVIDED IN CONNECTION WITH THE CONSTRUCTION OF THE BUNKER HILL ROAD/MEMORIAL DRIVE SIDEWALK AND DRAINAGE IMPROVEMENTS.

E. LANGFORD ENGINEERING, INC, INVOICE NO. 13212, DATED MAY 4, 2007, IN THE AMOUNT OF $817.54 FOR ENGINEERING SERVICES PROVIDED THRU APRIL 20, 2007, IN CONNECTION WITH THE SURFACE WATER CONVERSION.

F. OLSON & OLSON, INVOICE NO. 21166, DATED APRIL 25, 2007, IN THE AMOUNT OF $1,998.50 FOR SERVICES PROVIDED THRU FEBRUARY 28, 2007.

G. CALCO CONTRACTING, INC., INVOICE NO. 4, DATED APRIL 30, 2007, IN THE AMOUNT OF $598,154.98 FOR THE BUNKER HILL ROAD PROJECT.

H. KLOTZ ASSOCIATES, INC. FOR ENGINEERING SERVICES RENDERED IN CONNECTION WITH THE FOLLOWING PROJECTS:

INVOICE #	INV. DATE	AMOUNT	DESCRIPTION OF PROJECT
407040	4/20/07	$1,110.00	MEMORIAL/GESSNER INTERSECTION
407030	4/19/07	$4,600.82	Bunker Hill RD/MEMORIAL DR DRAINAGE
	TOTAL	$5,710.82

Motion was made by Councilman Essary and seconded by Councilman Ellis to approve all items on the Consent Agenda. Motion carried 5 to 0.

A. NOTICE OF ANNUAL WATER RATE ADJUSTMENT FROM $1.476 TO $1.762 PER 1,000 GALLONS EFFECTIVE SEPTEMBER 1, 2007.

City Administrator Sager reported that BHV takes 6 million gallons of surface water per month from the City of Houston. Effective October billing will reflect a 20% increase.

The property owner at 11625 Blalock Lane has inquired about subdividing the lot. The preliminary plat has not been submitted.

Derry reported that he attended the budget workshop on April 26. The proposed budget is going up 4.75%, and our portion is about $975,000.

B. DISCUSSION AND POSSIBLE ACTION REGARDING INTRA-BUDGETARY TRANSFERS SUBMITTED BY THE VILLAGE FIRE DEPARTMENT.

Motion was made by Councilman Ellis and seconded by Councilman Essary to approve the transfer request as presented. Motion carried 5 to 0.

Commissioner Peter Slot reported that the City of Hunters Creek has asked for 5 additional officers at a cost of about $510,000.

Commissioner Slot stated that Steve Shandera has retired after 32 ½ years of service to the department.

Tom Ramsey stated the project is ahead of schedule and should be finished by the end of summer.

B. DISCUSSION AND POSSIBLE ACTION REGARDING CHANGE ORDER NO. 3 TO INCREASE THE CONTRACT WITH CALCO CONTRACTING BY $17,000.00 FOR CHANGING INLETS ON FOREST GLEN AND COUNTRY WAY AND ADDING INLETS ON BAYHURST, ALONG WITH EXCAVATION AND STABILIZATION.

Motion was made by Councilman Essary and seconded by Councilmember Belco to approve the Change Order. Motion carried 5 to 0.

XVI. DISCUSSION AND POSSIBLE ACTION REGARDING A RESOLUTION CONCERNING AUTHORIZATION OF SIGNATURES ON CITY BANK ACCOUNTS (DELETE PETER TUTERS AND MICHELLE BELCO, AND ADD INCOMING COUNCILMEMBERS).

Motion was made by Councilmember Schwartz and seconded by Councilman Essary to approve the Resolution authorizing Jay Smyre and Keith Brown as signers on the City bank accounts.

XVII. DISCUSSION AND POSSIBLE ACTION REGARDING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF bunker hill village, TEXAS, ADOPTING guidelines relating to ditch enclosure.

Steve Smith reported that this Resolution outlines the guidelines property owners are to follow if they wish to enclose the drainage ditch with storm sewer pipe.

Motion was made by Councilman Essary and seconded by Councilman Ellis to approve the Resolution. Motion carried 5 to 0.

XVIII. DISCUSSION AND POSSIBLE ACTION REGARDING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF bunker hill village, TEXAS, ADOPTING guidelines relating to THE PROCESS TO CONVERT A PRIVATE STREET TO A PUBLIC STREET and other matters.

Motion was made by Councilman Ellis and seconded by Councilmember Belco to approve the Resolution, subject to changes being made by the City Attorney. Motion carried 5 to 0.

XIX. DISCUSSION AND POSSIBLE ACTION REGARDING REFERRAL TO PLANNING & ZONING COMMISSION FOR REVIEW AND DISCUSSION THE EXISTING ZONING ORDINANCES CONCERNING (1) THE SIDE LOT SETBACK FOR ZONE B LOTS AND (2) REQUIRED SIDE LOT GREENSPACE FOR ZONE B LOTS.

Steve Smith reported that we have older homes in Section B that do not comply with the current setbacks. If a property owner wants to add on to the house, it becomes very difficult to comply with the current setbacks in our zoning ordinance. A recent request for a permit was denied because the house is located five feet off the property line and our ordinance requires a ten foot setback which would require that the new wing be offset from the rest of the house.

Most of the driveways in Section B of the Zoning Ordinance are either on or very close to the existing property line. The zoning ordinance dealing with the allowable placement of a driveway in the front yard establishes a minimum of five foot setback along the side lot lines.

Motion was made by Councilman Essary and seconded by Councilmember Belco to refer these items to the P&Z for review and recommendation. Motion carried 5 to 0.

XX. DISCUSSION AND POSSIBLE ACTION REGARDING PRIVATE PORTION OF WILLIAMSBURG LANE.

Mayor Marshall stated the issue of conversion of the south end of Williamsburg Lane from a private to public street is how do we get adequate drainage and pavement upgrade and who pays for the work. The funds are not budgeted in 2007. After a lengthy discussion, the Council agreed to schedule a meeting with the residents on the private portion of the street. The meeting will be held on June 4, 2007 at 7:00 p.m.

XXI. DISCUSSION AND POSSIBLE ACTION REGARDING AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF BUNKER HILL VILLAGE, TEXAS, BY ADDING A DEFINITION FOR “NEW CONSTRUCTION” TO SECTION 10-101 THEREOF, AND BY DELETING SUBSECTION (6) OF SECTION 10-105; PROVIDING THAT THE MINIMUM NUMBER OF REPLACEMENT TREES SHALL BE ONE TREE FOR EACH 1,000 SQUARE FEET OF LOT AREA; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $500 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.

Councilman Smyre stated that the Planning & Zoning Commission reviewed the required number of trees and in our area the standard is one tree for every 1000 square feet of lot area. The members were in agreement that this number is very reasonable.

Motion was made by Councilman Ellis and seconded by Councilman Essary to approve the ordinance with the deletion of Section 2. Motion carried 4-0.

Motion was made by Councilman Essary and seconded by Dave Ellis to send section 2 to Planning and Zoning Commission for their review and recommendation. Motion carried 4 to 0.

XXII. DISCUSSION AND POSSIBLE ACTION REGARDING LETTER FROM LANCE WRIGHT OF 12118 TARA DRIVE CONCERNING DRAINAGE PROBLEMS.

Councilman Essary requested that this item be discussed during Executive Session at the next council meeting.

Motion was made by Councilman Essary and seconded by Councilmember Schwartz to adjourn the meeting. Motion carried 4 to 0 and the meeting was adjourned at 6:20 p.m.